Local Government Planning

Local governments – both regional districts and municipalities – engage in various planning activities.  In some cases these plans can have legal effect, restricting the bylaws a municipality can pass or guiding the conditions of development permits.  In other cases, planning exercises are important, but the contents of plans do not have any political force unless included in legally binding plans.  This page briefly describes the various planning processes that have legal significance under the Local Government Act: official community plans; regional growth strategies; and capital expenditure programs and financial plans.  It also introduces several planning processes that are important for protecting biological diversity and aquatic environments storm water management plans; greenway and park plans; and transportation plans.  Each of the planning process introduced here are described more fully on other pages.

Legally mandated planning

 

The following planning processes are set out in the Local Government Act.  Official Community Plans and Regional Growth Strategies are not required:

 

·          Official Community Plans -- Both regional districts and municipalities can adopt Official Community Plans that provide a medium term (at least five years) plans for how land will be developed and serviced.   Official community plans must include statements regarding restrictions on land that is environmentally sensitive.   Official Community Plans do not commit local governments to proceed with projects included in the plan, and while the local government’s laws and land use decisions are supposed to be “consistent” with the plan, the courts have been reluctant to strike down bylaws as being inconsistent. 

·          Regional Growth Strategies -- Regional growth strategies are plans aimed at ensuring human settlement that is environmentally, socially, and economically health, making efficient use of land and resources. They cover a time frame of at least 20 years, include objectives for the region and deal with matters such as development of transportation, park, housing services to meet anticipated demand.  They are developed and adopted by municipalities and regional districts working together. 

·          Capital Expenditure Programs and Financial Plans -- Regional districts are required to adopt annual five year capital expenditure programs that specify what investments will be made over the next five years.  Similarly, municipalities are required to annually adopt financial plans.  All capital expenditures must be consistent with applicable Capital Expenditure Programs and Financial Plans.  It is thus important to ensure that municipalities include needed storm water, sewage treatment or other investments in their expenditure and financing plans.

 

It is important for citizens involved in development of these types of plans (and particularly official community plans and regional growth strategies) to ensure that key policies are as specific as possible.  The courts are much more likely to enforce plans with clear prohibitions and requirements, as opposed to vague principles. 

 

In addition to the requirements of the Local Government Act, local governments are given legal powers to do waste management planning under the Waste Management Act.  Waste management planning deals with local government responsibilities to ensure adequate treatment of waste. 

Other Planning Processes

Beyond the planning processes designated under the Local Government Act (see above), regional districts and municipalities are free to engage in many other planning processes.  The following processes are common planning processes that are important from the perspective of environmental protection:

 

·          Storm Water Management Planning.  These plans ideally integrate land use planning, infrastructure planning and environmental protection planning. The aim is to ensure that storm water run off resembles natural run off patterns and is cleaner.

·          Greenway and Park Planning.  Proactive involvement in park planning is essential to ensure protection of prime green spaces.

·          Transportation Planning.  All local governments have powers they can exercise to ensure development of sustainable transportation.

 

Plans produced by these processes have no legal weight unless they are adopted into regional growth strategies, official community plans, zoning bylaws, development permits, subdivision approvals etc.  Continued community advocacy is often needed to ensure plans are implemented.

 

Opportunities for public involvement in planning processes vary.  Most municipalities recognize the advantages of meaningful public involvement in planning, even where it is not legally required.  Plans may be also submitted to other government agencies for comment prior to adoption.  See Urban Referral Process.

Implementation of Plans

While regional growth strategies, capital expenditure programs, financial plans and official community plans have some legal weight, they only bind local governments, not individual property owners.  For more information on the legal tools used to implement plans on the ground, see Implementation of Local Government Plans.   

 

Related Guide Pages:

·          Capital Expenditure Programs and Financial Plans

·          Local Government Act

·          Local Governments and the Waste Management Act

·          Greenway and Park Planning

·          Implementation of Local Government Plans

·          Official Community Plans

·          Regional growth strategies

·          Storm Water Management Planning

·          Transportation Planning

·          Urban Referral Process

·          Zoning

For more information about Local Government Planning:

·          The Successful Communities Forum’s Citizen’s Guide to Development Planning.

·          West Coast Environmental Law’s Smart Growth Guide to Local Government Law and Advocacy.